Terms & Conditions
Terms and Conditions
This is an electronic form of Information Technology Act, 2000 and rules applied thereunder. This electronic record does not require any digital signatures or physical signatures. This is published under Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and is done to explain the rules, regulations and policies of X-X-X.com. 1. We, Us, Our or Website hereunder denotes X-X-X.com, which is an incorporated company under the Companies Act. 2. You or User represents any legal person who has agreed to become a buyer of X-X-X.com’s services by providing the data required for registration while registering on the Website as Registered User using the computer systems or smartphones.
#1 Your Account
When you register with our website, you should: 1. Maintain the confidentiality of your account and password by not giving it to others or by using it on unauthorized computers. 2. You accept to take responsibility of all activities that take place under your account and password. 3. You shall take necessary steps to secure the confidentiality of your account, change the password or restrict the use of your computer. 4. Ensure that the details you provide us with are correct and genuine. Should a change be required in the account details, do so at the earliest. This allows us to serve you better. 5. You can access and edit your account’s details in the Your Account section on our website. We reserve the right to terminate accounts, remove or edit content at any time without any notice to you.
#2 Membership Eligibility
1. Any person who can legally enter into a contract as per Indian Contract Act, 1872, can become a member. 2. Persons who are "incompetent to contract" as per Indian Contract Act, 1872, are ineligible for membership on our website. (Cross check with your actual terms, I rewrote this from Flipkart) 3. Minors cannot initiate or make any transactions on our website. All transactions should be made by the legal guardian or parents on the website. We reserve the right to terminate accounts, remove or edit content at any time without any notice to you if we come to know that you are a minor.
When you send emails, write to us or send data to us, you agree to understand that we will periodically send you information and emails as well as continue the communications. You also give us consent to send information periodically. We will communicate with you through electronic mode or otherwise.
#5 Indian Smart Hub Wallet
Our wallet is a Semi-Closed Pre-paid Payment Instrument approved by RBI, with authorization number [insert the number]. You can recharge your wallet for sufficient balance by combining payments from your debit or credit cards, or you could make use of BHIM UPI.
#6 Direct-Debit Using UPI [I don’t know if you guys have this, I added it just in case you do]
UPI, or Unified Payment Interface, is a payment platform developed by National Payments Corporation of India ("NPCI"). Our website is in partnership/association with X-X-X. (Add the bank’s name as per your association)
#7 Use of Debit Cards and Credit Cards
You can make use of your debit cards or credit cards on our website to make merchant payments. We have partnered with many leading banks and follow the security standards for safety.
#8 Use of Indian Smart Hub Website
When you make use of our website, that except for the information mentioned on our website, products and services offered by us, we do not endorse, operate or supply any other service over the internet in any way. Furthermore, you also understand that we do not guarantee or warranty, that any file you download through our website is free of worms and viruses. Should the file/files you download be affected by viruses, we will not be held responsible.
#9 Prohibited Conduct
1. You cannot violate our terms and conditions, 2. Impersonate another person or entity. Additionally, you cannot misinterpret your affiliation with a person or an entity and access their accounts, forge their digital signature, misinterpret the identity, source or content of the person’s information. 3. You cannot use our services if you are under the age of 18, parental or guardian's guidance. 4. Post or transmit any message which is libellous or defamatory in nature or which discloses private or personal matters, 5. Post or transmit any messages with are vulgar in nature, 6. Refuse to cooperate in an investigation, provide confirmation or any other information required to confirm your identity and the information you provide to us, 7. Intentionally interfere with or damage operations our services, or hamper other people’s enjoyment of our services by any means, including by uploading viruses, spyware, worms or by uploading any kind of malicious code. 8. Making use of robots, spiders or any other type of automated device to monitor or copy our services and platform, without any written permission. 9. Forge headers, banners and information to diguise information which was initailly posted by us, 10. Make use of our services in order to conduct illegal activities, 11. provide false, inaccurate or misleading information 12. Make use of our services in such a manner that it abuses payment card system or is a violation of payment card network rules; 13. Take any action which may lead to loss to any of our recharge partners or business partners
#10 Limitation and Liability of damages[I am confused about this section, have added what seemed reasonable]
In no event should we or our business partners be held for any losses caused by information mentioned on our website as well as according to: 1. This agreement, 2. Your use or inability to use our services. Even if, our directors or employees have been directed to assist you.
You agree to hold us, our employees, officers and partners harmless from any type of and all claims, loses, damages, liabilities, expenses, costs including the cost of legal fees and expenses, arising out of: 1. Any violation of this agreement, 2. Misuse of our platform and services, 3. Any breach made by you in regard to representations, warranties, and covenants We reserve the right, at your expense, to assume exclusive defense and to control any and all matters relating to what you are to indemnify us with.
Unless expressly specified about warranties and gurantees offered by us on our website, we are not party to implied warranty and gurantee. Furthermore, no advice or information attained by you through written or oral means, can be used to create an implied warranty or gurantee.
#13 Ownership; Proprietary Rights
Our services and our platforms is owned and operated by Indian Smart Hub. Our visual interfaces, graphics, information, compilation, products, source codes, including source code and object code; and other elements are protected under Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights. [Have a look at this, eliminate all that is not required]
#14 Modification of this Agreement
We reserve the right to change, modifiy, add or eliminate parts from this agreement without any prior notice to you, through written or oral notice, and without prior notification on our website. The changed informtaion in the agreement will come in effect right away, unless expressly mentioned, and will be deemed to have been accepted by you within 24 hours. If you do not agree with modified terms, your only way to find a remedy is by terminating your account on our website and from our platform.
We may provide you with regular e-mails, text messages and promotions messages. However, you can opt out of such messages as per your discretion.
Any failiure of ours to enforce all the sections of this agreement will not and cannot be considered as a waiver for the same. For any waivers, you will need our expressly written and signed waivers.
#17 Resolving Disputes
Should any disputes arise out of any disagreement or in realtion to any question regarding the existence of the terms and conditions, validity or termination, then users are to make use of reasonable methods to resolve the dispute. If the dispute remains unsolved after 30 days, then we reserve the right to resolve the matter as per binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996.
If any section of this agreement is unlawful or is held as the same, then that section will not be applicable. Furthermore, unless certain sections have been expressly terminated, they shall survive unless they are terminated.
#19 Payments and recharges
Our digital services for payments, bills and recharge and booking of tickets, is not available to people who are below the age of 18. Furthermore, once you set up your profile with us, you represent and confirm that you are 18 or above and that you have not been previously disqualified or removed by us in the past.
We resell the service to you, we do not provide these services directly. We also do not provide any mobile operator services, we merely resell prepaid plans and others. The services are and will remain to be provided by the Telecommunication Providers and not us. We are not a warrantor, insurer, or guarantor. The recharges are directly handled between you and the telecommunications company and not us. The terms and conditions in this section are mutatis mutandis, which means they are applicable to the recharges done for DTH, data cards and other types of recharge.
#21 Refund Policy
For recharges, we not offer any refunds. The numbers you input for recharges are your responsibility. Recharges made for other mobile numbers are not handled by us. However, if your bank has been charged and your recharge is not complete or delivered to you in the next 24 hours, then you can write to us with all the information and we will sort that out for you.
#22 Bill Payments
To pay bills through our platform, you need to access the World Wide Web through your computer or any other device. Furthermore, you will have to pay the fee, whatever is charged, for such access. We or our business partners (including our bill payment partners) reserve the right to charge and recover from You, such fees for availing the service as the case may be. These charges should be effective when they are posted on our platform, on the website or platform of our providers. You may be bound by revisions of the terms and conditions as well, you will have to recheck the agreement to know. If you stop or wish to revere the payment made through our portal, then you may be entitled to pay some extra charges for the same. Such charges shall be charged on to Your designated payment account or in any other manner as may be decided by us. From time to time, at our discretion, we can add or delete various providers. The additional charges, as well as the details from one biller to another biller, can differ. The terms upon which payment can be made to a biller can differ depending on whether a card or a bank account is used to issue the payment instruction. We assume no responsibility for the following: 1. If the instructions provided by you are incomplete, 2. If the funds in your account are a party to some charges and fees, 3. If your payment account has insufficient funds, 4. If the payment is not processed by the biller upon receipt, 5. If your bank or the National Clearing Centre refuses or delays or 6. If due to uncontrollable or unforeseeable events or events beyond our control cause interference with your payments.
#23 Bus and Train Tickets
1. We are not a bus or train operators. We are agents of the same service. 2. We advise you to choose the operators that you are aware of. 3. Our responsibilities include: a. Issuing a valid ticket for the operators, b. Providing refund or support during the cancellation process, c. Providing you support during delays and inconvenience. 4. Our responsibilities do not include the following: a. The bus or the train not departing on time, b. The employees or operators being unprofessional or engaging in unlawful conduct; c. Baggage being lost/stolen/missing, d. The train or the bus does not depart or is cancelled, e. Change in boarding point, or operator waiting at the wrong boarding point. f. The running times on our platform are only tentative, actual figures can differ. 5. Passengers should also be informed of the following: a. In case the bus operator changes the bus for some reason, the differential amount will be transferred to your account. b. To read the cancellation and refund policy, c. Cancellation charges are calculated on the actual fare of the ticket. d. The amenities are provided by the operators, and not us. There may be a difference in the same. 6. We are not responsible for any inconvenience, injury or death, during the journey. 7. For cancellation or refund, get in touch with us at least 15 days prior. 8. We may give you a call or write to you on the email address provided by you to collect feedback. 9. Grievances and issues regarding your travel should be reported to us within 10 days of your travel.